Monitoring and enforcement of special education case load limits required.

A bill for an act

relating to education; requiring monitoring and enforcement of special education

case load limits; proposing coding for new law in Minnesota Statutes, chapter

125A; repealing Minnesota Rules, part 3525.2340, subparts 4, 5.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

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[125A.071] MONITORING AND ENFORCEMENT OF SPECIAL

EDUCATION CASE LOADS, CLASS SIZE, AND WORKLOAD.

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Subdivision 1.

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Case loads, class size, and workload requirements for school-age

students receiving special education.

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(a) A district must limit the number of school-age

students that are assigned to a classroom as follows:

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(1) for students who receive direct special instruction from a teacher more than 60 percent

of the instructional day, but less than a full school day:

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(i) for students identified as deafblind, or as having autism spectrum disorders or

developmental cognitive disability, with a severe-profound range or severe multiple

impairments, no more than three students per adult;

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(ii) for students identified as having autism spectrum disorders or developmental cognitive

disability, with a mild-moderate range or a specific learning disability, no more than 12

students per teacher or 15 students with one or more paraprofessionals;

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(iii) for students identified as having any other disabilities, no more than ten students

with one paraprofessional or 12 students with two paraprofessionals; and

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(iv) for students who receive special education services for 60 percent or more of the

instructional day, and who are highly disruptive or create an unsafe environment due to the

high behavioral or mental health needs of the students, districts must reduce the number of

such students in the classroom so that all students and staff are safe; and

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(2) for students who receive direct special education for a full school day:

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(i) for students identified as deafblind, or as having autism spectrum disorders or

developmental cognitive disability, with a severe-profound range or severe multiple

impairments, no more than four students with one paraprofessional, except that for each

additional paraprofessional, two more students may be added in the classroom; and

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(ii) for students with all other disabilities, no more than eight students with one

paraprofessional, except that for each additional paraprofessional in the classroom, two

more students may be added.

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(b) For students who receive direct special education 60 percent or less of the instructional

day, and for students who receive related services as part of an individualized education

program (IEP), the school district must establish a board-approved policy for determining

workload limits for special education staff, including speech-language pathologists, physical

therapists, occupational therapists, art therapists, music therapists, audiologists, school

psychologists, school counselors, developmental adapted physical education teachers, and

school nurses who provide IEP services. The policy must be based on student contact

minutes, evaluation and reevaluation time, indirect services, IEPs managed, travel time,

and other services required in the IEPs of eligible students. If the special education staff are

represented by an exclusive representative, the policy must be negotiated as part of the

collective bargaining agreement between the exclusive representative and the school board.

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(c) Notwithstanding any law to the contrary, a collective bargaining agreement may not

provide for adult-to-student ratios in classrooms or student-to-personnel ratios that allow

more students in a classroom than permitted under this section.

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Subd. 2.

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Case loads for early childhood program alternatives.

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(a) A district must

adjust downward a teacher's case load based on the children's severity of disability or delay,

travel time necessary to serve children in more than one program alternative, and if the

children in the teacher's case loads are receiving services in more than one program alternative

or the children are involved with other agencies. A teacher may be assigned to manage a

maximum of:

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(1) 12 children ages birth through two years per one teacher;

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(2) 16 children ages three through six years per one teacher; and

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(3) 14 children ages birth through six years per one teacher.

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(b) A district must employ at least one paraprofessional per early childhood special

education class while children are in attendance. The maximum number of children in an

early childhood special education classroom at any one time with a teacher and a

paraprofessional is eight. The maximum number of children in an early childhood special

education classroom at any one time with an early childhood team is 16.

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Subd. 3.

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Complaint form.

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The Department of Education must post on its website a

form that a parent, teacher, or member of the public may file with the department alleging

that case loads, class size, or workloads in a school district exceed the limits established

under this section.

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Subd. 4.

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Investigation.

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(a) Within 60 days of receiving a complaint, the Division of

Assistance and Compliance at the Department of Education must complete an investigation

into the complaint that case loads, class size, or workloads exceed the limits established

under this section.

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(b) Upon completing the investigation, the division must provide its written findings to

the complainant and to the school district that is the subject of the complaint.

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(c) If the division determines that case loads, class size, or workloads within a school

district exceed the limits in this section, the division must provide the school district with

reasonable time to comply with the case load limits.

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(d) The division must follow up with the school district after the reasonable time provided

to the district under paragraph (c) has passed. If the school district remains out of compliance,

the division must notify the parent or guardian of all affected students.

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Subd. 5.

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Summary of findings.

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The department must post on its website a summary of

its findings in any investigation finding that case loads, class size, or workloads in a school

district or charter school exceed the limits established under this section. The findings must

redact or omit any information not otherwise public under chapter 13.

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Subd. 6.

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Effect of noncompliance.

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(a) A collective bargaining agreement between a

school board and the exclusive representative of teachers or paraprofessionals in the district

must include remedies for noncompliance with this section.

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(b) Upon issuance of a determination by the Division of Assistance and Compliance

that a district has exceeded the limits under this section, the district must comply with the

remedies established in the applicable collective bargaining agreement.

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(c) If the teachers or special education staff in the district are not represented by an

exclusive representative, the district must consult with the teachers and special education

staff regarding an appropriate remedy to address the determination that the district has

exceeded the limits under this section.

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EFFECTIVE DATE.

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This section is effective July 1, 2026.

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Sec. 2.
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REPEALER.
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Minnesota Rules, part 3525.2340, subparts 4 and 5,

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are repealed.

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APPENDIX

Repealed Minnesota Rule: 26-08091

3525.2340 CASE LOADS.

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Subp. 4.

Case loads for school-age educational service alternatives.

§

A.

The maximum number of school-age pupils that may be assigned to a teacher:

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(1)

for pupils who receive direct special instruction from a teacher more than 60 percent of the instructional day, but less than a full school day:

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(a)

deafblind, autism spectrum disorders, developmental cognitive disability: severe-profound range, or severely multiply impaired, three pupils;

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(b)

deafblind, autism spectrum disorders, developmental cognitive disability: severe-profound range, or severely multiply impaired with one paraprofessional, six pupils;

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(c)

developmental cognitive disability: mild-moderate range or specific learning disabled, 12 pupils;

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(d)

developmental cognitive disability: mild-moderate range or specific learning disabled with one paraprofessional, 15 pupils;

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(e)

all other disabilities with one paraprofessional, ten pupils;

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(f)

all other disabilities with two paraprofessionals, 12 pupils; and

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(g)

under special circumstances, for children who receive special education services for 60 percent or more of the instructional day, that are highly disruptive or create an unsafe environment due to the high behavioral or mental health needs of the students, districts have the option of lowering the number of such students in the classroom, so that both students and staff are safe; and

§

(2)

for pupils who receive direct special education for a full day:

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(a)

deafblind, autism spectrum disorders, developmental cognitive disability: severe-profound range, or severely multiply impaired with one paraprofessional, four pupils;

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(b)

deafblind, autism spectrum disorders, developmental cognitive disability: severe-profound range, or severely multiply impaired with two paraprofessionals, six pupils; and

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(c)

all other disabilities with one paraprofessional, eight pupils.

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B.

For pupils who receive direct special education 60 percent or less of the instructional day, the school district must establish a board-approved policy for determining workload limits for special education staff based on student contact minutes, evaluation and reevaluation time, indirect services, IEPs managed, travel time, and other services required in the IEPs of eligible students.

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Subp. 5.

Case loads for early childhood program alternatives.

A teacher's case load must be adjusted downward based on pupils' severity of disability or delay, travel time necessary to serve pupils in more than one program alternative, and if the pupils on the teacher's case loads are receiving services in more than one program alternative or the pupils are involved with other agencies. The maximum number of pupils that can be assigned to a teacher in any early childhood program alternative is:

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A.

birth through two years: 12 pupils per teacher;

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B.

three through six years: 16 pupils per teacher; and

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C.

birth through six years: 14 pupils per teacher.

District early childhood special education (ECSE) classes must have at least one paraprofessional employed while pupils are in attendance. The maximum number of pupils in an ECSE classroom at any one time with a teacher and a paraprofessional is eight. The maximum number of pupils in an ECSE classroom at any one time with an early childhood team is 16.